Field of law that emphasizes the protection of the environment in the public interest

nuisance

the use of the defendant's land in such a way that it interferes with the plaintiff's use or enjoyment of plaintiff's land

private nuisance

a common law tort that forbids the use of one's property in a way that is offensive or obnoxious to one's neighbors

public nuisance

the use of one's preperty in a way that offends the health, safety, or morals of the general public

Taking Clause

the clause in the fifth amendment to the u.s. constitution that forbids that taking of private property for public use without just compensation

Standing

the doctrine requiring that a party bringing suit before a court must have a legal right to do so

eminent Domain

the power of the government to take private property for public use

Tortfeasor

the wrongful actor in a tort suit

negligence

a theory of tort recovery involving a legal duty, a breach of duty, proximate cause, and injury

Prima Facie

the plaintiff's version of the facts, which if taken at first glance or first face, seems to substantiate the plaintiff's allegations against the defendant

reasonable prudent person

a mythical person created by the courts that is used as the objective satndard by which the party's conduct is measured

invitees

in tort law, a business visitor on one's premises

licensees

in tort law, a social guest in one's property

negligence per se

a method of establishing the defendant's negligence by proving a violation of a safety statue or regulation

res ipsa loquitur

a method of showing the defendant's otrt liability by proving that all the instrumentalities were under the deffendant's contorl and that the accident was of a kind that would not have occurred without negligence

proximate cause

the theory that the injury sustained by the plaintiff and the defendant's action were so closely connected that the defendant's act caused the injury and there were no intervening causes

damages

pecunairy or monetary compensation paid by the wrongdoerr in a civil case

voluntary assumption of risk

a defense used in a tort law, that the plaintiff was cognizant of the danger and voluntarily chose to encounter the danger

contributory negligence

a legal theorythat totally bars the plaintiff who contributed, even slightly, to his or her own injury form recovering damages

comparative negligence

a theory that allocates negligence between the plaintiff and the defendant and that allows the plaintiff to revover even he or she contributed to his or her won injury

assult

the apprehansion of an offensive or unwanted contact for another person

battery

harmful or offensive contact with another person

defamation

the injury to one's reputation in the community by defamatory comments

libel

defamation that is presered in some permanent form.

slander

defamation that is spoken or not preserved in permanent form

trespass to land

the injury to another's real property by an unlawful entry

conversion

the deprivation of an owner of possession of tangible property

trespass to chattel

the damage to another's item of tangible, personal property

chattel

an item of tangible property other than realty

vicarious liability

the shifting of liability from the tortfeasor to another party, usually an employer.

respondeat superior

a theory of vicarious liability in which the employer or master is financially responsible for the torts of employees or servants